Not long ago, there was a kerfuffle over the use of the term “OK, Boomer,” which I guess is a pejorative term aimed at my generation for being out-of-touch with the modern world. (See the Vox article here.) Truth be told, maybe we are out of touch, at least about some things. As someone
Gene Killian
Follow: Read more about Gene Killian
The problem of illusory coverage
By Gene Killian on
Posted in Contract construction, Errors and Omissions
In the “Cheese Shop” sketch from the old Monty Python comedy series, John Cleese plays a customer trying to buy some cheese from “Ye National Cheese Emporium, purveyor of fine cheese to the gentry (and the poverty-stricken too)”. The cheese shop proprietor, played by Michael Palin, seems to have no cheese in stock, not even…
A tragic story, and the meaning of “intent” in insurance law
By Gene Killian on
Posted in Expected or Intended, Life insurance
If you’re involved in the legal business for any length of time, every once in a while, you’ll come across a case in which the facts are so horrible, and the result so seemingly wrongheaded, that you can’t help but feel that our entire system has failed. A recent decision from the Third Circuit, Arena…
Enforcing insurance coverage for intellectual property claims
By Gene Killian on
Because most people think that insurance law is about as exciting as watching grass grow, I try to be somewhat entertaining in these posts. Probably I usually fail, but at least I keep myself amused.
If there’s one thing that we wannabe comedians hate, though, it’s being upstaged. I was recently reading a decision from…
Your life insurance may be illegal
By Gene Killian on
Posted in Insurable interest, Life insurance
In Billy Wilder’s 1944 film noir masterpiece, “Double Indemnity,” Phyllis Dietrichson (Barbara Stanwyck) seduces insurance agent Walter Neff (Fred MacMurray) into murdering her husband to collect on his accident policy. (Who knew insurance could be so seedy?) The suspicious and relentless claims adjuster, Barton Keyes (Edward G. Robinson), eventually gets to the bottom of the…
Don’t take no for an answer on water damage claims
By Gene Killian on
Posted in Ambiguity, Flood insurance
“Now the flood was on the earth forty days. The waters increased and lifted up the ark, and it rose high above the earth. The waters prevailed and greatly increased on the earth, and the ark moved about on the surface of the waters.” [Genesis 7:17.]
I’m guessing that people didn’t have flood insurance in…
The “reasonable expectations” doctrine in insurance coverage
By Gene Killian on
There’s a very true old quote about interpreting insurance policies that I (and other policyholder lawyers) like to cite. It goes: “Ambiguity and incomprehensibility seem to be the favorite tools of the insurance trade in drafting policies. Most are a virtually impenetrable thicket of incomprehensible verbosity…The miracle of it all is that the English language…
Insurance coverage for water damage
By Gene Killian on
The great American humorist and writer Ambrose Bierce (1842-circa 1914) published a famous work called “The Devil’s Dictionary,” in which he provided astute (if sardonic) definitions of many common terms in the English language. Bierce defined “insurance” for example, as “An ingenious modern game of chance in which the player is permitted to enjoy the…
D&O Insurance and the “Capacity” Exclusion
By Gene Killian on
Posted in Directors & Officers Liability
Back in the 80s and 90s, during the environmental insurance coverage wars, each side (insurance companies and policyholders) frequently accused the other of trying to insert imaginary language into insurance policies after losses had happened. Many lawyers put their kids through college arguing about the meaning of the words “sudden” and “accidental,” for example, in…
The discoverability of insurance company claims files
By Gene Killian on
I once had a coverage case that involved a claim for environmental contamination at a chicken farm. (Yes. A chicken farm. In New Jersey.) When we were able to pry the claim file loose in discovery, we noticed that the carrier had spent a grand total of $24 to investigate the complex pollution claim, which…